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2008-02-04 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, FEBRUARY 4, 2008, AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Pro-Tem Saboe called the meeting to order at 7:12 p.m. with the following present: Mayor Pro-Tem Councilmember Councilmember Councilmember Assistant City Manager City Attorney City Secretary Steve Saboe Helen Beckman Felicia Kyle Kevin Cole Mike Hodge Darrin Coker Young Lorfing Absent: Mayor Tom Reid and Councilmember Woody Owens. Others in attendance: Nick Finan Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira City Engineer. NEW BUSINESS FIRST AND ONLY READING OF ORDINANCE NO. 2000CUP-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN REAL PROPERTY, LOCATION BEING 5.5394 ACRES, BEING RESTRICTED RESERVE "A", BLOCK 1, OF THE FINAL PLAT OF STEPPING STONE NO. 3, A SUBDIVISION OF LAND LOCATED IN THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 242, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 24, PAGE 45, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE WEST SIDE OF TRANQUILITY LAKES BOULEVARD), (CONDITIONAL USE PERMIT APPLICATION NO. CUP2008-02), TO ALLOW A "CHURCH" FACILITY IN THE NEIGHBORHOOD SERVICE DISTRICT (NS); AT THE REQUEST OF PEARLAND HUGHES WEST INVESTMENTS, LTD., OWNER; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE LAND USE INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENRY. Mr. Nick Finan, Assistant City Manager. Councilmember Beckman made the motion, seconded by Councilmember Cole, to approve Ordinance No. 2000CUP-3 on its first and only reading. Page 1 of 4 - 2/4/2008 Mayor Pro-Tem Saboe read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. CUP2008-3. Assistant City Manager Mike Hodge stated this Ordinance establishes a Conditional Use Permit for a church located on a 4 acre tract of land currently zoned Neighborhood Services. The building will be approximately 3900 square-feet and house the offices and sanctuary. Assistant City Manager Nick Finan stated this also includes anon-conforming church and the rezoning would make it conforming. Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST AND ONLY READING OF ORDINANCE NO. 1338 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENAMING THE PORTION OF CULLEN BOULEVARD, FROM BAILEY ROAD TO CLEAR CREEK AS CULLEN PARKWAY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE. Mr. Narciso Lira, City Engineer. Councilmember Kyle made the motion, seconded by Councilmember Cole, to approve Ordinance No. 1338 on its first and only reading. Assistant City Manager Mike Hodge stated a Workshop was held on this item two years ago and the instruction was to change the street name to Cullen Parkway. Councilmember Cole asked what the process is to notify the residents and businesses located along the road City Engineer Narciso Lira stated all residents will be notified of the name change. Councilmember Kyle stated the post office has a protocol for this type of situation, but residents should be informed they will only have a certain amount of time to submit address changes to continue to receive mail. Mayor Pro-Tem Saboe stated he was told by a citizen who lives on O'Day Road that he is still having trouble with his address and it was changed years ago. The City needs to review the process and make sure it is a thorough process. Voting "Aye" Councilmembers Beckman, Saboe, Kyle and Cole. Page 2 of 4 - 2/4/2008 Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION -RESOLUTION NO. R2008-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH THE PEARLAND AREA CHAMBER OF COMMERCE FOR BUSINESS RETENTION AND EXPANSION SERVICES. Mr. Fred Welch, Executive Director of Economic Development. Councilmember Cole made the motion, seconded by Councilmember Kyle, to approve Resolution No. R2008-12. Assistant City Manager Mike Hodge stated the existing contract with the Pearland Chamber of Commerce expired at the end of 2007. This item is a 2-year contract that was approved by the Pearland Economic Development Board, but due to the contract amount Council approval is also needed. The amount is a 5% increase of the previous contract. Voting "Aye" Councilmembers Cole, Kyle, Saboe, and Beckman. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION -RESOLUTION NO. R2008-16 - A RESOLUTION URGING THE TEXAS CONGRESSIONAL DELEGATION TO REQUEST AND SUPPORT FUNDING FOR THE U.S. ARMY CORPS OF ENGINEERS GENERAL RE-EVALUATION REPORT ON CLEAR CREEK FOR THE FISCAL YEAR 2009. Mr. Bill Eisen, City Manager. Councilmember Beckman made the motion, seconded by Councilmember Cole, to approve Resolution No. R2008-16. Assistant City Manager Mike Hodge stated in the Presidential Budget. This item is included in the upcoming Federal Budget. the Clear Creek Project will not be included requesting the funding for this project be Voting "Aye" Councilmembers Beckman, Saboe, Kyle and Cole. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 7:26 p.m. to discuss the following: Page 3 of 4 - 2/4/2008 EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL AND ZONING ISSUES. Mr. Darrin Coker, City Attorney. 2. SECTION 551.087 - CONSULTATION WITH CITY ATTORNEY - REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 9:06 p.m. COUNCIL ACTION - REGARDING PENDING AND POTENTIAL LITIGATION ASSOCIATED WITH THE BLUE RIDGE LANDFILL AND ZONING ISSUES. City Council. No action taken by Council. COUNCIL ACTION -REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council. ADJOURNMENT Meeting was adjourned at 9:07 p.m. Minutes approved as submitted and/or corrected this the 25th day of February, A. D., 2008. ,,~~tia;Ri:q'° Tom eid ;;~,~, •N°~^~._ Mayor ATTEST: ~=~~ . -~ w-: v. ~: n9 mg; Se etary Page 4 of 4 - 2/4/2008